http://www.nypost.com/p/news/local/m...plT88TyLQInuoI
Tingling permanently stopped the city from enforcing the ban.
“[The city] is enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling ruled.
The judge said Bloomberg and the Board of Health overstepped their bounds, to enforce rules that should be established by the legislative bodies.
“The rule would not only violate the separation of powers doctrine, it would eviscerate it,” Tingling wrote. “Such an evisceration has the potential to be more troubling than sugar sweetened drinks.”
Tingling sided with a coalition of store keepers, unions, theater owners and beverage sellers who have been fighting Bloomberg’s ban that was set to go into effect tomorrow.
“It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the rule,” Tingling wrote.
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